Garg Projects Pvt. Ltd. vs State Of Telangana And 4 Others
2021 Latest Caselaw 2018 Tel

Item No.7

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                        AND
     THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                          W.A.No.264 of 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    The appellant/writ petitioner is aggrieved by an order dated

29.01.2021 passed by the learned Single Judge whereunder, the court

disposed of a petition filed by it raising a grievance regarding the

purported unauthorised construction being raised by the private

respondent No.5 on a parcel of land situated in Gachibowli Village,

Serilingampally Mandal, Ranga Reddy District without grant of a

building permission from the respondent No.2/GHMC.

2. By the impugned order, the learned Single Judge has set aside

the order dated 13.11.2020 passed by the respondent No.2/GHMC

noting that the same is an unreasoned order and has remanded the

matter back to the authority for disposal within five weeks from the

date of receipt of the copy of the order. The period of five weeks

reckoned from 29.01.2021, would have expired on 05.03.2021.

3. On enquiring from Mr.Pasham Krishna Reddy, learned

Standing Counsel for respondent No.2/GHMC as to whether any steps

have been taken by the GHMC so far to pass a fresh order strictly in

accordance with the impugned order, he states that a notice has been

issued to the parties, which submission is vehemently denied by

learned counsel for the appellant. Even the learned counsel for the

respondent No.5 confirms the said position that no notice has been

received by her client so far. It is a clear case of blatant violation of

the orders passed by the learned Single Judge. This court is gathering

an impression that the officers of the respondent No.2/GHMC are

complicit and are deliberately turning a Nelson's eye to the

unauthorised construction being raised by the respondent No.5 at the

site in question, despite the order passed by the learned Single Judge

directing the respondent No.2/GHMC to issue a notice to show cause

to both sides, afford them an opportunity of hearing and after

examining the material on record, pass a reasoned order under due

communication to the parties.

4. We do not propose to leave the matter in the hands of the

respondent No.2/GHMC. It is deemed appropriate to direct the parties

to place the documents in support of their respective stands before the

respondent No.2/GHMC within one week from today. A hearing shall

be granted to the parties on 15.07.2021 and a speaking order shall be

passed on or before 30.07.2021, with copies furnished to appellant

and the respondent No.5.

5. The present appeal is disposed of along with the pending

applications, if any, while making it clear that if either of the parties

are aggrieved by the order that may be passed by the respondent

No.2/GHMC, they shall be entitled to seek appropriate legal recourse.

It is also made clear that any construction that the appellant states the

respondent No.5 is continuing to raise on the subject property, shall be

subject to the order passed by the respondent No.2/GHMC. In other

words, if the construction is held to be illegal, the respondent

No.2/GHMC shall take steps to demolish the same in accordance with

law.

_________________ HIMA KOHLI, CJ

______________________ B.VIJAYSEN REDDY, J

06.07.2021 Lrkm/pln